Get In Return For The Waiver Of The Defendants Rights And The Defendants

A defendant may lose the right to counsel in one of three circumstances: first, there is a knowing and voluntary waiver of the right; second, the defendant may forfeit the right to counsel because of extremely dilatory conduct; third, waiver may occur by defendant's conduct.

A proclamation of innocence is only one reason that some defendants decide to waive their right to an attorney. Some may feel that there is no legal defense for their actions. Still, others decide that the charges aren't severe enough to warrant retaining a lawyer. And, of course – there is the issue of money.

A defendant who wants a speedy resolution of his/her case may choose to waive a jury trial. Where the issue of guilt is more technical – meaning, whether the facts fit the law – it may be better to have a judge decide the issue.

If a criminal defendant waives the right to a trial by jury, the trial will be conducted by a judge alone- this is called a bench trial.

A defendant who waives appointed counsel cannot delay the trial indefinitely while attempting to hire his or her own lawyer; the defendant need only be given a “fair opportunity” to employ counsel.

A waive of a right to counsel is only valid if it is made knowing, voluntarily and intelligently. (2) Once the right to counsel attaches, a D who is known to be represented by an attorney may only waive right in the presence of counsel.

Plea bargaining does require defendants to waive three rights protected by the Fifth and Sixth Amendments: the right to a jury trial, the right against self-incrimination, and the right to confront witnesses.

Moran , the U.S. Supreme Court rules that a criminal defendant can waive the Sixth Amendment right to assistance of counsel and plead guilty if he has already met the same standard used to decide whether a defendant is mentally competent to stand trial: Whether he has “sufficient present ability to consult with his ...